for the online store operated at gallerydelafruz.com
TERMS AND CONDITIONS OF THE ONLINE STORE
gallerydelafruz.com
effective as of 26.03.2026
1. Introductory Provisions
1.1. These Terms and Conditions govern the mutual rights and obligations of the Seller and customers arising in connection with or on the basis of purchase contracts concluded through the online store operated at gallerydelafruz.com.
1.2. These Terms and Conditions form an integral part of each purchase contract concluded between the Seller and the Buyer through the online store.
1.3. These Terms and Conditions are intended primarily for contracts concluded with consumers. If the Buyer acts within the scope of their business activity or profession, consumer protection provisions shall apply only to the extent required by applicable law.
1.4. The legal relations not expressly governed by these Terms and Conditions shall be governed by the laws of the Czech Republic, in particular the Civil Code and consumer protection regulations. Czech consumer rules require online sellers to provide clear pre-contract information, delivery and payment terms, withdrawal information, and complaint handling rules.
2. Seller Identification
2.1. The Seller is:
Art Gallery D&F s.r.o.
Registered office: Chudenická 1059/30, Hostivař, 102 00 Prague 10, Czech Republic
Company ID No. (IČO): 23148268
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 422202
Date of registration: 4 April 2025
2.2. Contact details of the Seller:
Email: art@gallerydelafruz.com
Phone: +420 731 224 244
Gallery / returns / complaints address:
Gallery Delafruz
Žatecká 54/12
110 00 Staré Město
Prague, Czech Republic
3. Goods Offered
3.1. The online store offers primarily original paintings and artworks.
3.2. The Seller offers:
- artworks currently available and displayed for sale, and
- commissioned/custom artworks arranged individually by email or telephone.
3.3. Unless expressly stated otherwise, each artwork is sold as an original physical piece.
3.4. The Buyer acknowledges that artworks are handmade and may naturally contain artistic texture, brushwork irregularities, patina, visible material structure, and other characteristics inherent to original art. Such characteristics do not constitute defects.
3.5. Minor colour differences between the product photographs displayed on a screen and the actual artwork may occur due to monitor, device and lighting differences and do not constitute defects.
3.6. Dimensions, medium, support, framing and other characteristics are described on the product page where available.
4. Order and Conclusion of the Contract
4.1. The presentation of goods on the website is for informational purposes and does not in itself constitute an offer to conclude a contract.
4.2. The Buyer places an order by completing and submitting the order form on the website.
4.3. Before submitting the order, the Buyer is allowed to check and amend the entered data.
4.4. The purchase contract is concluded when the Seller accepts the order and sends an order confirmation to the Buyer’s email address.
4.5. The Seller may refuse or cancel an order if:
- the artwork is no longer available,
- the listed price was obviously incorrect,
- the Buyer provided incomplete or incorrect data,
- there are reasonable doubts concerning the authenticity or security of the transaction.
4.6. For custom/commissioned artworks arranged by email or telephone, the contract may also be concluded individually by written confirmation sent by the Seller via email.
5. Prices and Payment Terms
5.1. All prices displayed in the online store are final. The Seller is not a VAT payer.
5.2. The Buyer may pay the purchase price using payment methods made available through Stripe, in particular payment card and other Stripe-enabled checkout methods shown at the time of purchase. Stripe provides online payment infrastructure and the specific payment methods shown to the customer can vary by merchant setup and customer location.
5.3. The purchase price is payable before dispatch, unless expressly agreed otherwise.
5.4. The Seller shall issue a receipt or invoice in accordance with applicable law.
6. Delivery Terms
6.1. Goods are delivered to the address specified by the Buyer in the order.
6.2. Delivery methods and shipping charges are displayed during checkout.
6.3. The Seller dispatches goods without undue delay after receipt of payment and order confirmation, taking into account availability of the artwork, packaging requirements and the selected carrier.
6.4. Delivery time may vary depending on destination, shipping method, customs procedures and the nature of the artwork. Any delivery times stated on the website are estimates unless expressly agreed otherwise.
6.5. If special packaging, insurance or handling is required due to the fragile or valuable nature of the artwork, the Seller is entitled to choose a suitable shipping method.
6.6. The Buyer is obliged to inspect the shipment upon delivery and, in the event of visible transport damage, document the damage immediately and notify both the carrier and the Seller without undue delay.
6.7. If the packaging is visibly damaged on delivery, the Buyer should, where possible, make a written note with the carrier and take detailed photographs before opening the parcel.
7. Transfer of Risk and Ownership
7.1. Ownership of the goods passes to the Buyer upon full payment of the purchase price.
7.2. The risk of damage to the goods passes to the Buyer upon receipt of the goods.
8. Consumer Right of Withdrawal
8.1. If the purchase contract is concluded at a distance (online), the Buyer acting as a consumer has the right to withdraw from the contract within 14 days from receipt of the goods, without giving any reason. This is the standard withdrawal regime for distance consumer contracts.
8.2. To exercise the right of withdrawal, the consumer must send an unequivocal statement of withdrawal to the Seller by email to art@gallerydelafruz.com or by post to the gallery address stated above, before the 14-day period expires. Czech consumer guidance confirms that an unequivocal notice is sufficient and need not follow a special format.
8.3. The consumer shall return the goods to the Seller without undue delay, no later than 14 days from withdrawal. The Seller may withhold reimbursement until the returned goods are received or until the consumer proves they have sent them back, whichever occurs first.
8.4. The consumer bears the direct cost of returning the goods.
8.5. The Seller shall reimburse the consumer for all payments received, including the cost of the least expensive standard delivery method offered, without undue delay and no later than 14 days from the withdrawal notice, subject to Clause 8.3.
8.6. The consumer is liable for any diminished value of the goods resulting from handling the goods in a manner other than what is necessary to acquaint themselves with the nature, characteristics and qualities of the goods.
8.7. The right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised goods. Therefore, this right does not apply to commissioned/custom-made artworks created on the basis of an individual order arranged by email or telephone. This is a standard statutory exception under consumer rules.
8.8. The Buyer may not withdraw from a contract once the commissioned artwork has already been materially started or completed in accordance with the agreed custom specification, except where mandatory law provides otherwise.
9. Complaints and Rights from Defective Performance
9.1. The Seller is liable to the consumer that the goods are free from defects upon receipt and conform to the contract. Czech consumer law gives consumers rights from defective performance for goods sold by a trader.
9.2. In particular, the Seller is liable that, upon receipt, the goods:
- correspond to the agreed description,
- are suitable for the purpose for which goods of that kind are normally used,
- correspond in quality and other agreed characteristics to what was presented,
- are delivered in the agreed quantity and with agreed accessories, where applicable.
9.3. If a defect becomes apparent within one year from receipt, it is presumed that the defect already existed at the time of receipt, unless the nature of the goods or the defect makes this presumption incompatible.
9.4. Due to the nature of original art, the following do not constitute defects:
- natural characteristics of handmade artistic work,
- visible brush strokes, texture or material irregularities inherent to the technique,
- natural aging characteristics where properly described,
- minor colour differences caused by screen display settings,
- features expressly shown in photographs or described on the product page.
9.5. A complaint may be submitted by email to art@gallerydelafruz.com or in writing / in person at:
Gallery Delafruz
Žatecká 54/12
110 00 Staré Město
Prague, Czech Republic
9.6. When submitting a complaint, the Buyer should include:
- order number,
- contact details,
- description of the defect,
- the requested method of resolution,
- detailed photo documentation of the defect or damage,
- in case of transport damage, also photographs of the external packaging, internal packaging and shipping label.
9.7. If the artwork or its frame was damaged during transport, the Buyer shall notify the Seller without undue delay after delivery. Failure to provide prompt notice and sufficient photo documentation may make it more difficult to verify carrier liability.
9.8. The Seller may request that the complained goods be delivered to the gallery address for inspection if this is reasonably necessary to assess the complaint.
9.9. The complaint will be handled without undue delay and within the statutory period. The Seller shall confirm receipt of the complaint and inform the Buyer of the manner of its resolution. Czech ADR and complaint rules also require the seller to cooperate with ADR bodies when notified.
9.10. If the complaint is justified, the consumer may have rights to repair, replacement, a reasonable price reduction, or withdrawal from the contract in cases provided by law.
10. Custom and Commissioned Artworks
10.1. Custom or commissioned artworks are arranged individually by email or telephone.
10.2. The order specification must include at least the subject, dimensions or approximate dimensions, technique if agreed, expected completion timeframe, and price or pricing method.
10.3. The Seller may require advance payment or full payment before commencing the commissioned artwork.
10.4. Because commissioned artworks are made to the customer’s specifications or clearly personalised, the consumer does not have the statutory 14-day right of withdrawal under Clause 8.7.
10.5. Minor artistic deviations that do not conflict with the agreed concept and are consistent with the Seller’s and artist’s style shall not be considered defects.
11. Business Customers
11.1. The online store is intended primarily for consumers.
11.2. If a Buyer places an order in connection with their business activity, the relationship may be handled under these Terms and Conditions with appropriate adjustments, or individually by email or telephone agreement.
11.3. For business customers, consumer rights that apply only to consumers shall not apply unless mandatory law provides otherwise.
12. Intellectual Property
12.1. Copyright and all intellectual property rights to artworks, photographs, texts and other website content remain with the Seller, the artist or the relevant rights holder.
12.2. By purchasing an original artwork, the Buyer acquires ownership of the physical piece only, unless expressly agreed otherwise in writing.
12.3. The purchase of an artwork does not grant the Buyer any right to reproduce, publish, license, commercially exploit or otherwise use the artwork beyond lawful possession of the original physical work.
13. Personal Data Protection
13.1. The Seller processes personal data in accordance with applicable data protection laws.
13.2. Further information on personal data processing is contained in the separate Privacy Policy published on the website.
14. Out-of-Court Consumer Dispute Resolution
14.1. In the event of a consumer dispute arising from the purchase contract, the consumer may submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority (Česká obchodní inspekce, ČOI), which is the competent ADR body for these disputes.
14.2. Contact details of the competent ADR body:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Gorazdova 1969/24
120 00 Prague 2
Czech Republic
14.3. The consumer may also use the contact and information channels published by the Czech Trade Inspection Authority for ADR proceedings.
15. Final Provisions
15.1. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the original intent.
15.2. The Seller may amend or supplement these Terms and Conditions. This shall not affect rights and obligations arising during the effectiveness of the previous wording.
15.3. These Terms and Conditions become effective on 26.03.2026.
Model Withdrawal Form
(Complete and send this form only if you wish to withdraw from the contract.)
To:
Art Gallery D&F s.r.o.
Gallery Delafruz
Žatecká 54/12
110 00 Staré Město
Prague, Czech Republic
Email: art@gallerydelafruz.com
I/We hereby give notice that I/We withdraw from the contract for the purchase of the following goods:
Order number:
Date of order:
Date of receipt:
Name of consumer:
Address of consumer:
Signature of consumer (only if submitted on paper):
Date:
